A Jacksonville police detective violated Cristian Fernandez's constitutional rights and coerced him into illegally giving statements in the sexual battery case against him, defense attorneys said in two critical court motions obtained by the Times-Union this morning.

While the two motions to suppress were made public today, exhibits containing expert testimony supporting those motions will not be immediately available, a judge ruled.

Circuit Judge Mallory Cooper made the ruling following a hearing in which the Times-Union and news partner First Coast News challenged keeping the motions from the public.

Those two motions to suppress evidence are keys, in part, to how Fernandez's team of private attorneys plans to defend him against allegations he molested a 5-year-old half brother. That case is separate from the murder charge Fernandez, 13, faces in the death of a 2-year-old half brother.

Read both of the motions to suppress

The motions to suppress say Fernandez' statements in a June 23 interview with police were coerced. He gave that interview while already jailed in the murder case.

The motions say there is no evidence that he knowingly waived his constitutional rights, could have possibly provided a "freely" given statement or "voluntarily" gave a statement.

The motions also say that at the end of the police interview, "Fernandez made clear that he did not understand the constitutional rights he had been told by specifically asking the police interrogator questions."

Though earlier court records state Fernandez admitted to the sexual battery, the motions state, "The interrogating police officer repeatedly told Cristian Fernandez that he had committed an offense and each time Cristian Fernandez unequivocally denied the accusation."

A video obtained by the Times-Union as a public record shows the detective explaining Fernandez's rights and the then 12-year-old signing a constitutional rights form without an attorney present. Fernandez's subsequent statement to the detective is redacted in the video.

The motions to suppress make mention of his age, how the detective treated him as an adult and her failure to notify a parent, guardian, custodian or counsel. Parts of that video illustrate objections listed in the motions, including:

-- Fernandez was given a constitutional rights form to sign that made no mention of either his understanding or surrendering any rights.

"At no time was any effort made to determine if Cristian Fernandez understood a single constitutional right other than asking ... if he 'understood' and [him] either nodding or quietly saying 'yes.'"

-- Despite Fernandez asking why he was being questioned, the detective refused to tell him until he signed the rights form.

The defense has also listed as witnesses for the hearing two child psychology experts whose resumes include testifying about children questioned in criminal cases. The prosecution has its own experts in such matters.

The defense contends that through its experts' interviews with Fernandez and others and their review of records and videos of police interviews with him, Fernandez could not have provided an intelligent waiver of his rights prior to or during the interrogation.

Cooper is set to hear the motions to suppress on May 30 and 31 -- about three weeks before Fernandez is set for trial in the sexual battery case. The murder trial is set for September.

Of the today's motions, Prosecutor Mark Caliel said, "The state will address all issues raised in the motions on the record in open court on May 30th and 31st."

Defense attorney Hank Coxe, who sits on Fernandez's legal team, could not be immediately reached to comment.

The defense attorneys submitted the motions to suppress and several other filings to the clerk of courts on May 10 in the late afternoon. The other records described without detail an intent by the defense to call two witnesses to refute the prosecutions claim that the victim told one of those witnesses he was molested by Fernandez.

The motions to suppress and other records were stamped by the clerk's office as having been received but were then sent to Cooper per her order that she review all records for items she believes should be redacted. Her primary concern had been the inadvertent release months ago of confidential records as part of the court file.

The Times-Union requested the motions to suppress and the other records submitted May 10 on the following day but was not provided the motions to suppress. Cooper's assistant said the judge needed more time to review those motions.

The Times-Union and First Coast News hired local attorney William Sheppard to challenge Cooper's ruling. Sheppard argued Tuesday that rules of procedure required the attorneys to make redactions in filings, not the judge.

Cooper agreed with Sheppard's argument at that point and ordered the procedure changed. She then gave the previously submitted motions to suppress back to the defense team for it to make redactions and to return the already filed motions to the clerk.

Sheppard challenged Cooper's action this morning, saying the motions to suppress became public records when they were first submitted to the clerk and should have been returned to that office by Cooper.

While not objecting to making the motions to suppress public, Caliel argued that the exhibits containing expert reports could include information that would adversely impact the chance for a fair trial to be heard by a jury.

Caliel asked Cooper to seal those exhibits and she agreed to consider the request. Because this is the last day for any non-emergency court business to take place for 10 days as the new courthouse opens, Cooper said she was unlikely to decide what to do with the request to seal the exhibits until that period ends.

WJXT-TV 4, through attorney Ed Birk, filed as an intervener this morning.

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